Court hears testimony of women in house at time of alleged sexual assault in Killarney

Tralee Circuit Criminal Court has heard the testimonies of two women said to be in a house in Killarney at the time of an alleged sexual assault.

A 53-year-old man is charged with the alleged sexual assault of a 44-year-old male person at an address in Killarney in the early hours of Sunday, May 31st, 2015.

Judge John Hannan will give his charge to the six men and six women of the jury this morning before they retire to deliberate.

The alleged victim told prosecuting barrister for the State Tom Rice he had been drinking with two women in Killarney since approximately 2 o’clock on Saturday May 30th, 2015.

The man and two women encountered the accused later in the day and at around midnight, the four of them went to a house in the Killarney area for some food and a ‘nightcap’.

In her testimony, one of the women said alleged victim went to a bed in the house to sleep – the other woman followed suit, and she discovered the accused had gone to the same bedroom.

The court then heard testimony of the woman said to be in the bed at the time of the alleged assault.

She said she “vaguely remembered” the accused coming into the room and that she then heard the sound of a belt buckle opening and the complainant saying “will you stop; leave me alone”.

The complainant alleges the accused touched his private parts in the bed – the accused denies the charge.

In his closing statement to the jury, defence barrister senior counsel Mark Nicholas said ‘drink had been taken’ by all four on the night, and there was a “serious level of intoxication in this case”.